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British Nationality

How can I become a British citizen?

British nationality law is a specialist area of law with which the team of UK Immigration Law Solicitors at Parker Law Firm are familiar and experienced.
Whether you are seeking to register your child as a British Citizen or looking to apply for naturalisation now that you have been living in the UK for some time, Parker Law Firm team will be very happy to assist.

The Process of Registration as a British Citizen

A child who was born in the UK should be registered as a British citizen by virtue of section 1(4) of the British Nationality Act 1981. This section indicates that a child who was born in the UK can be registered as a British citizen, even if the parents are not British or settled in the UK at the time of their birth, as long as the child has been resident in the UK for 10 years. Alternatively, the other option is to apply for Registration for British citizenship for a child under 18 at the Home Office’s direction. This will fall under section 3(1). The consideration to be taken into account is the child’s connection with the UK and the Home Office will expect the child to be free from any restrictions on their stay in the UK.

Adult Naturalisation | The Application for Naturalisation

Do I need to apply for a British passport?

We frequently assist individuals and families who have been living legally in the UK for a period exceeding 5 years (or 3 years if you are the spouse of a British National) with their applications for naturalisation – i.e. applications for a British Passport.
There is no obligation for any UK resident to apply for a British passport, but many people wish to, as they have made Britain their home and wish for their nationality to reflect that.

It is important to emphasise that unlike in other areas of immigration law, British Nationality is not a ‘right’ nor an ‘entitlement’ but a matter of law which can be granted or refused at the Home Secretary’s discretion. The application form asks you to satisfy certain criteria, however it is for the Home Secretary to decide whether certain criteria can be bypassed in certain situations.

How to make an application for naturalisation as an adult?

In order to apply for a British passport you must be able to prove that you are free of immigration time restrictions. This means that you must have either Indefinite Leave to Remain in the UK (non EEA nationals) or Permanent Residence (EEA Nationals). If you are not the spouse of a British citizen, you must also prove that you have been free of those restrictions for the past 12 months – so if you were granted ILR, you must have been granted it at least 12 months ago, and if you are an EEA National, you must have completed your continuous period of 5 years at least 12 months ago.
The application also requires you to meet certain residency and absences requirements. The other criteria to be satisfied are namely that you are over the age of 18; that you are of sound mind; that you intend to continue to live in the UK; that you can prove you can communicate in English to an acceptable degree, that you have passed a test called ‘The Life in the UK’ test, and that you are of good character.

As suggested above, the Home Secretary is able to use his/her discretion whether an applicant is to be granted British Nationality whether or not he fully meets the specified criteria. Parker Law Firm will assist you to calculate your number of absences, mitigate against any excessive absences where relevant, collate the necessary documentation and put together a comprehensive application for naturalisation.

Registration as British Citizen for Children

Minors can register as British citizens by entitlement and discretion.  The British Nationality Act 1981 contains provisions for children to be registered as British citizens and different sections of the Act relate to different scenarios.  On occasion you will not necessarily know what section of the Act you are applying under and please contact us for information. Before considering a registration application we must check whether the child is already a British citizen. The child may already be a British citizen without you realising it in which case you do not need to register the child.

Please follow this Link to the Home Office guidance regarding the registration of a child as British citizen.

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Parker Law Firm is a niche firm of specialist Immigration Law and Human Rights solicitors situated in the heart of Cambridge, Cambridgeshire.

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